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Circulars
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Modification of SION C-514 under Engineering Product Group.
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Export product description change under Foreign Trade Policy narrows covered steel items and reduces specific input norm quantities.
Modification revises SION C-514 to replace a broad range of non-alloy steel products with Non-Alloy Steel Ingots/Blooms/Billets/Slabs as the export description and adjusts quantitative import input norms: eligible input categories remain but specified input quantities are reduced, with detailed conditional allowances and exclusions tied to manufacturing routes and export product form.
Implementation of Indian Customs EDI Systems V-1.5 at JNCH, Nhava Sheva to switchover to version 1.5 scheduled during the period 25.03.2011 to 05.04.2011-reg.
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Customs EDI switchover suspends registration and issuance of Release Advices, advising importers/exporters to refrain from transfers.
Implementation of Customs EDI System version 1.5 requires temporary suspension of registration of Incoming Release Advices and suspension of issuance of Release Advice for licences registered at JNCH until the new version is initialized; importers, exporters and CHAs must not transfer or seek issuance of RAs to or from JNCH during the suspension, and RA/TRA staff must comply while reporting any implementation difficulties to the Commissioner.
Regarding applicability of indirect taxes on packaged software
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Classification of software licenses: paper licenses are documents of title while PUK cards are printed matter, affecting customs valuation and indirect tax treatment.
Paper licenses conveying the right to use software are classifiable as documents of title and should be placed under the tariff item for documents conveying the right to use IT software; PUK cards are printed matter. Packaged software with affixed retail sale price is liable to excise duty/CVD on the combined retail price (software plus license) and exempt from service tax under the IT software category; where RSP is not required and valuation follows section 4 rules, excise duty/CVD excludes the value representing the right to use, which remains subject to service tax.
Regarding monitoring of food import from Japan for radioactive contamination
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Radioactive contamination monitoring: Japanese food imports require FSSAI-authorized BRIT testing and No Objection Certificate before clearance.
FSSAI must have authorised officers sample and arrange BRIT testing of food imports from Japan for radioactive contamination, and Customs clearance at ports, airports, ICDs/CFSs and land customs stations is to be granted only after FSSAI issues a No Objection Certificate; a Public Notice and Standing Order should be issued for guidance.
Analysis of samples of imported foods regarding
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Labeling requirements: Imported food must carry prescribed label particulars and meet minimum remaining shelf life at import.
Imported food articles must satisfy labeling requirements verified by authorized officers at inspection, with labels showing product name, ingredient list in descending order, vegetarian/non vegetarian declaration, manufacturer and importer addresses, net weight or volume, batch/lot/code number, manufacturing month and year, a Best Before indication (or equivalent expressed in months), and nutritional information. Imported food must also retain at least sixty percent of its original shelf life at importation unless exempted by competent authority; trade parties must comply and report implementation difficulties to the Commissioner of Customs (Import).
Streamlining the procedure of processing of Drawback claims under Section 74 of the Customs Act, 1962- Reg.
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Drawback claims procedure streamlined: mandatory documentation, deficiency cure, registration and verification ensure timely processing.
Prescribes a streamlined procedure for processing drawback claims under Section 74 by specifying mandatory documentary requirements, intake and preliminary scrutiny steps, issuance of Deficiency Memos and acknowledgements, registration upon compliance, time-bar consequences for failure to cure deficiencies, and post-registration verification including NPC/NOC or recovery-cell checks; allows substituted documents in genuine cases and sealed handover of NOC requests for outstation Customs Houses, with immediate effect and annexed templates for deficiency memo and acknowledgement.
Listing Agreement for Securitized Debt Instruments
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Securitized debt instruments now require standardized listing, detailed pool/tranche reporting, and mandatory Actual/Actual convention.
SEBI's Listing Agreement mandates that SPDEs seeking listing must provide recurring pool , tranche and selected loan level disclosures (monthly statements within seven days), ensure timely payments and maintenance of credit enhancement, designate a Compliance Officer, facilitate dematerialisation and demat credit within two working days, deposit a security for public issues (1% with 50% cash subject to cap), and follow Actual/Actual day count convention; Exchanges may approve relaxations with SEBI approval and may take action for non compliance.
Filing of Bill of Entry in terms of Section 46 of the Custom Act, 1962 reg.
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Filing of Bill of Entry required for duty-exempt display and demonstration imports even where no customs duty is payable.
The notice directs that a Bill of Entry must be filed in terms of Section 46 for all imports cleared under Notification No 3/89 Customs (goods for display or demonstration), even where no customs duty is payable under that notification, and asks that implementation difficulties be reported to the issuing office.
Re-export of vehicles temporarily imported duty free under Carnet procedure (Carnet-de passage)
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Carnet de Passages duty-free import requires documented re-export and submission of shipping documentation for customs closure.
Vehicles temporarily imported duty free under the Carnet de Passages en Douane must be re-exported within carnet validity with Volet d'Entree and Volet de Sortie properly endorsed; Form X and the Carnet book are required on import, and re-export must be supported by a shipping bill and submission of shipping bill copy, bill of lading, mate receipt and original Volet de Sortie to the Carnet Section at the Unaccompanied Baggage Centre for centralized monitoring and file closure.
Interactive Meeting on 18th March 2011 at 3.00 P.M. on Deemed Export Issues.
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Deemed Export clarifications: interactive meeting for stakeholder queries; advance notice by email or fax advised.
An interactive stakeholder consultation is convened to address clarifications and grievances concerning Deemed Exports under Chapter 8 of the Foreign Trade Policy 2009-14, following discussion by the Policy Interpretation Committee; attendance is limited to deemed export matters, and advance intimation by email or fax will receive priority.
Implementation of Indian Customs EDI System v1.5 (ICESv1.5) at JNCH on 5-4-2011
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Centralized customs EDI migration mandates ICEGATE electronic filing, central document numbering and compliance with prescribed migration deadlines.
The migration to ICES v1.5 centralizes EDI operations at the CBEC National Data Centre and mandates ICEGATE as the principal filing channel for Bills of Entry, Shipping Bills and IGMs/EGMs, prohibiting submissions via physical media. Document numbers and licence debits will be assigned centrally, creating a common licence ledger and altering local serial continuity. The notice prescribes cut off deadlines for legacy filings to avoid re entry, electronic messaging of duty challans to banks with electronic confirmation, PAN based CHA registration verification, and reallocation of certain Service Centre functions to designated customs officers.
Introduction of Annual return on Foreign Liabilities and Assets reporting and discontinuation of Part B of form FC-GPR
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Annual Return on Foreign Liabilities and Assets introduced; companies must report FDI inflows and overseas investments annually.
The circular replaces Part B of Form FC GPR with a Annual Return on Foreign Liabilities and Assets to be submitted by Indian companies that received FDI or made overseas investments, using the prescribed format and definitions in the annexes, and directs AD Category I banks to notify their constituents; regulatory amendments under FEMA will follow.
Exim Bank's Line of Credit to the Government of the Republic of Malawi
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Line of Credit to foreign government sets Indian supply content, export declaration and FEMA-based procedural conditions.
Exim Bank's Line of Credit to Malawi finances eligible goods, services, machinery and consultancy under India's Foreign Trade Policy, requiring at least 75% of contract value to be supplied from India and permitting up to 25% procurement from outside India (excluding consultancy). The Agreement sets distinct disbursement windows for project and supply contracts. Shipments must be declared on GR/SDF forms; no agency commission is payable under the LOC, though exporters may remit commission from own resources or EEFC balances after realization, subject to prevailing authorisations. The circular is issued under FEMA and without prejudice to other laws.
Regarding drawback on the goods exported to Nepal which were imported into India from third countries
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Drawback prohibition on exports to Nepal: exporters must declare origin on shipping bills and authorities will conduct random checks.
No drawback shall be allowed on goods exported to Nepal if those goods were imported into India from third countries. Exporters claiming drawback must declare on the shipping bill that goods destined for Nepal were not imported from third countries, and field formations shall undertake random verification to confirm the genuineness of such declarations. Public notices and standing orders are to be issued and implementation difficulties reported to the Board.
Grant of LoFSP to Manufacturer Exporter for goods under Export Promotion Schemes alongwith Free Goods
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Factory stuffing permission now permitted for mixed shipments of incentivised and free goods under official supervision.
LoFSP will be issued to a manufacturer exporter who intends to export, in the same container, goods under Export Promotion Schemes together with Free Goods, provided the jurisdictional Central Excise authority supervises the stuffing and the exporter complies with other conditions laid down in existing Public Notices and departmental instructions; Public Notice No.27/2010 is amended accordingly.
Liability of interest where CENVAT credit was wrongly taken but reversed by assessee before utilization
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Interest recovery on wrongly availed CENVAT credit affirmed; interest attaches from the date of wrongful availment under any qualifying circumstance.
Liability to pay interest arises when CENVAT credit has been wrongly availed, even if not utilized, because the relevant provision is to be read disjunctively: on the happening of any one of the circumstances-credit wrongly taken, wrongly utilized, or erroneously refunded-the credit becomes recoverable along with interest; administrative action is directed to safeguard revenue and inform trade and field formations.
CUSTOMS - Authorisation of Indian Bank for Collection of Customs Duty in Coimbatore Commissionerate- regarding
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Customs duty collection authorised bank branches now accept payments via EDI-enabled locations for trade use
Specified branches of Indian Bank are authorised to collect customs duty at identified EDI-enabled ICDs and the Air Cargo Complex in the Coimbatore Commissionerate, with each branch and its collection status listed; importers, exporters and CHAs are directed to use these authorised bank facilities for duty payments under the ICES electronic filing framework.
Facility of Direct Port Delivery to reputed importers/PSUs/EOUs/Defence-Regarding
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Direct Port Delivery facility expanded to approved importers, subject to eligibility, RMS filing, seal verification and reporting.
Facility authorises Direct Port Delivery to reputed regular importers, PSUs, Defence, government undertakings and EOUs on a selective basis, granted by the Commissioner of Customs on application. Eligibility requires regular importation through Cochin Port, an unblemished three year compliance record, no outstanding duty demands, and assessment of past performance. Operationally DPD applies to FCL containers under RMS or where no examination is required, requires pre arrival Bill of Entry filing and duty payment, seal verification and resealing by Customs when statutory sampling is needed, issuance of a printed signed Out Of Charge subject to seal verification, and transfer to CFS where reassessment or tampering occurs.
New definition of CKD introduced in Union Budget 2011-12- clarification requested-reg.
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Completely Knocked Down units: concessional customs duty denied where pre-assembled engine, gearbox or transmission is imported within the unit.
Clarifies that the post-Budget definition of Completely Knocked Down (CKD) units has two independent disqualification criteria: a unit containing all necessary components remains a CKD for concessional duty, but any unit that contains a pre-assembled engine, gearbox or transmission, or a chassis/body with those components pre-installed at import, is disqualified from CKD treatment and attracts a higher basic customs duty. Standalone imports of pre-assembled engines, gearboxes or transmissions continue to receive the earlier concessional duty treatment.
7A/2011 - 11-03-2011 Companies Law
Easy Exit Scheme-2011 - Clarification regarding inability of some State PSUs to avail said Scheme
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Easy Exit Scheme clarifications: State undertaking and indemnity bond alternatives enable State PSUs to avail administrative strike off.
Clarification permits a State Government undertaking to the Registrar of Companies that it will not pursue claims against the Registrar if the Registrar strikes off a Government company with outstanding State liabilities; allows an Indemnity Bond from the Deputy Secretary of the Industries Department to satisfy bond requirements for wholly government owned companies lacking a board; directs ROCs to follow the Scheme application procedure and to send lists of companies availing the Scheme to the Chief Secretary so State departments can raise objections within the Scheme's objection period.

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Online transmission of DES (Advance Authorization), EPCG and DEPB at 7 new port locations w.e.f. 21.3.2011 - reg.

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Online transmission requirement for export authorizations mandates EDI filing and automated Customs communication for specified ports.
Directive requires online transmission of DES (Advance Authorization), EPCG and DEPB at seven newly designated ICES/Customs locations effective 21 March ... Summary

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Acts Income Tax